Full Text of HB5756 99th General Assembly
HB5756enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Military Code of Illinois is amended by | 5 | | changing Sections 7, 8, 14, 15, 20, 20.5, 22-10, 24, 28, 28.6, | 6 | | 30.10, 40, 42, 43, 58, 65, and 92 as follows:
| 7 | | (20 ILCS 1805/7) (from Ch. 129, par. 220.07)
| 8 | | Sec. 7. The Organized Militia shall consist of the Illinois | 9 | | National Guard. There shall be no racial segregation nor
shall | 10 | | there be any unlawful discrimination in the service of any | 11 | | detachment,
company, regiment, division, department or any | 12 | | other subdivision of the
Illinois National Guard because of | 13 | | race, creed or
color .
| 14 | | (Source: P.A. 85-1241.)
| 15 | | (20 ILCS 1805/8) (from Ch. 129, par. 220.08)
| 16 | | Sec. 8.
The personnel strength of the Organized Militia | 17 | | shall be in accordance with tables and authorizations provided | 18 | | by the U.S. Departments of the Army and the Air Force for the | 19 | | U.S. Army and Air National Guard, respectively. In time of | 20 | | peace the strength of the Organized Militia shall not be
less | 21 | | than 6,000 and not more than 45,000 officers, warrant officers | 22 | | and
enlisted personnel.
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| 1 | | The Governor as Commander-in-Chief shall have power in case | 2 | | of war,
insurrection, invasion or imminent danger thereof, to | 3 | | increase the forces
beyond the 45,000 and organize them as the | 4 | | exigencies of the service may
require.
| 5 | | (Source: Laws 1957, p. 2141.)
| 6 | | (20 ILCS 1805/14) (from Ch. 129, par. 220.14)
| 7 | | Sec. 14.
The Commander-in-Chief shall appoint from the | 8 | | active officers of
the Illinois National Guard, The Adjutant | 9 | | General, Chief of Staff, with the
grade of Major General. The | 10 | | appointment of the Adjutant General shall be
for a term | 11 | | expiring on the 3rd Monday in January, 1971, and in each
| 12 | | odd-numbered year thereafter. The Adjutant General shall serve | 13 | | as both the Director of the Department of Military Affairs and | 14 | | as the Commander of the Illinois National Guard.
| 15 | | (Source: P.A. 98-694, eff. 7-3-14.)
| 16 | | (20 ILCS 1805/15) (from Ch. 129, par. 220.15)
| 17 | | Sec. 15. Assistant Adjutants General.
| 18 | | (a) The Commander-in-Chief shall appoint from the active | 19 | | officers
of the Illinois National Guard, a full-time an | 20 | | Assistant Adjutant General for Army
and a full-time an | 21 | | Assistant Adjutant General for Air each with a grade not to | 22 | | exceed Major
General. Each of the Assistant Adjutants General | 23 | | shall be appointed for
a term coinciding with the term provided | 24 | | for the Adjutant General in Section 14, and shall serve with |
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| 1 | | the compensation and responsibilities as designated in this | 2 | | Act. | 3 | | (a-5) (Blank). The Commander-in-Chief shall appoint from | 4 | | the active officers
of the Illinois National Guard an Assistant | 5 | | Adjutant General to serve as head of the Division of Family | 6 | | Affairs within the Department of Military Affairs, with a grade | 7 | | not to exceed Major General. The Assistant Adjutant General | 8 | | shall be appointed for
a term coinciding with the term provided | 9 | | for the Adjutant General in Section 14, and shall serve with | 10 | | the compensation and responsibilities as designated in this | 11 | | Code. | 12 | | (b) The Commander-in-Chief may also appoint additional | 13 | | Assistant Adjutants General for Army and such additional | 14 | | Assistant Adjutants General for Air with the grades not to | 15 | | exceed those authorized for the positions in the Joint Force | 16 | | Headquarters of the Illinois National Guard.
| 17 | | (Source: P.A. 96-94, eff. 7-27-09.)
| 18 | | (20 ILCS 1805/20) (from Ch. 129, par. 220.20)
| 19 | | Sec. 20.
There is hereby established in the Executive | 20 | | Branch of the
State Government, a principal department which | 21 | | shall be known as the
Department of Military Affairs. The
| 22 | | Department of Military Affairs shall consist of The Adjutant | 23 | | General ,
Chief of Staff ; an
Assistant Adjutant General for | 24 | | Army; an Assistant Adjutant General
for Air; and the number of | 25 | | military and civilian employees required.
It is the channel of |
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| 1 | | communication between the Federal Government and the
State of | 2 | | Illinois on all matters pertaining to the State military | 3 | | forces.
| 4 | | (Source: P.A. 85-1241.)
| 5 | | (20 ILCS 1805/20.5) | 6 | | Sec. 20.5. Division of Family Affairs. Subject to | 7 | | appropriations for this purpose, the The Division of Family | 8 | | Affairs is created as a Division within the Department of | 9 | | Military Affairs. The head of the Division shall serve as an | 10 | | Assistant Adjutant General. The Division shall assist family | 11 | | members of military members who are mobilized or in service | 12 | | abroad. This assistance shall include, but need not be limited | 13 | | to, advocacy to help such family members access all available | 14 | | State services that are provided through the Department or any | 15 | | other State agency.
| 16 | | (Source: P.A. 96-94, eff. 7-27-09.) | 17 | | (20 ILCS 1805/22-10) | 18 | | Sec. 22-10. Notice of provisions of Service Member's | 19 | | Employment Tenure Act. Whenever a member of the Illinois | 20 | | National Guard is called to active military duty pursuant to a | 21 | | declaration of war by the Congress or by the President under | 22 | | the War Powers Act or by the Governor in time of declared | 23 | | emergency or for quelling civil insurrection , the Adjutant | 24 | | General shall ensure that the member is briefed on |
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| 1 | | expeditiously given written notice of the provisions of | 2 | | Sections 4 and 4.5 of the Service Member's Employment Tenure | 3 | | Act.
| 4 | | (Source: P.A. 94-162, eff. 7-11-05.)
| 5 | | (20 ILCS 1805/24) (from Ch. 129, par. 220.24)
| 6 | | Sec. 24.
The Adjutant General shall have charge of all | 7 | | correspondence and
the records thereof pertaining to his | 8 | | office, and shall file for record all
returns of troops , and | 9 | | all reports and records of field service , drills and camps of
| 10 | | instruction , and of all active service performed by troops of | 11 | | the State in
service of the State or of the United States.
| 12 | | (Source: Laws 1957, p. 2141.)
| 13 | | (20 ILCS 1805/28) (from Ch. 129, par. 220.28)
| 14 | | Sec. 28.
When the Commander-in-Chief proclaims a time of | 15 | | public danger or
when an emergency exists. The Adjutant General | 16 | | may purchase or authorize
the purchase of stores and supplies | 17 | | in accordance with the emergency purchase provisions in the | 18 | | Illinois Procurement Code the open market sufficient for the
| 19 | | needs of the emergency then existing without requiring | 20 | | proposals and
without advertising for the same .
| 21 | | (Source: Laws 1957, p. 2141.)
| 22 | | (20 ILCS 1805/28.6)
| 23 | | Sec. 28.6. Policy.
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| 1 | | (a) A member of the Army National Guard or the Air National
| 2 | | Guard may be ordered to funeral honors duty in accordance
with | 3 | | this Article. That member shall receive an allowance
of $100 | 4 | | for any day on which a minimum of 2 hours of funeral
honors | 5 | | duty is performed. Members of the Illinois National
Guard | 6 | | ordered to funeral honors duty in accordance with
this Article | 7 | | are considered to be in the active service of
the State for all | 8 | | purposes except for pay, and the
provisions of Sections 52, 53, | 9 | | 54, 55, and 56 of the
Military Code of Illinois apply if a | 10 | | member of the
Illinois National Guard is injured or becomes a | 11 | | person with a disability in
the course of those duties.
| 12 | | (b) The Adjutant General may provide support for other
| 13 | | authorized providers who volunteer to participate in a
funeral | 14 | | honors detail conducted on behalf of the Governor.
This support | 15 | | is limited to transportation , reimbursement
for | 16 | | transportation, expenses, materials, and training.
| 17 | | (c) On or after July 1, 2006, if the Adjutant General | 18 | | determines that Illinois
National Guard personnel are not | 19 | | available to perform military funeral
honors in accordance with | 20 | | this Article, the Adjutant General may authorize another | 21 | | appropriate organization to provide one or more of its members | 22 | | to perform those honors and, subject to appropriations for that | 23 | | purpose, shall authorize the payment of a $100 stipend to the | 24 | | organization.
| 25 | | (Source: P.A. 99-143, eff. 7-27-15.)
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| 1 | | (20 ILCS 1805/30.10)
| 2 | | Sec. 30.10. Definitions.
In this Article:
| 3 | | "National Guard" has the definition provided by federal law | 4 | | at 10 U.S.C.
101(c).
| 5 | | "Illinois National Guard" has the definition provided in | 6 | | Sections 5 and 7 of
this Code.
| 7 | | "Federal active duty under Title 10 of the United States | 8 | | Code" means
active federal service of members of the National | 9 | | Guard pursuant to any
provision of Chapter 1209 of Title 10 of | 10 | | the United States Code.
| 11 | | "Training or duty under Title 32 of the United States Code" | 12 | | means active
or inactive National Guard training or duty | 13 | | performed pursuant to Chapter 5 of
Title 32 of the United | 14 | | States Code and pursuant to the orders of the Governor.
| 15 | | "State Active Duty" means National Guard duty performed in | 16 | | the active
service of any state or United States territory or | 17 | | commonwealth in accordance
with that
jurisdiction's laws and | 18 | | pursuant to the orders of the Governor concerned and the | 19 | | full-time duty of the Adjutant General and Assistant Adjutants | 20 | | General as provided in Section 17 of this Code . It
does not | 21 | | refer to active duty performed pursuant to Chapter 5 of Title | 22 | | 32 of
the United States Code and pursuant to the orders of the | 23 | | Governor.
| 24 | | "Political subdivision" means any unit
of local government | 25 | | or school district.
| 26 | | (Source: P.A. 92-716, eff. 7-24-02.)
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| 1 | | (20 ILCS 1805/40) (from Ch. 129, par. 220.40)
| 2 | | Sec. 40.
Except where otherwise specified herein, all | 3 | | officers now in
active service or hereafter appointed, shall | 4 | | hold their respective
commissions until they are vacated by | 5 | | resignation or retirement, or by
acceptance of another | 6 | | commission in the State military service, or
by sentence of a | 7 | | general courts-martial, approved finding of a board of officers
| 8 | | under Section 42, Article VIII, approved finding of a board of | 9 | | officers convened pursuant to federal regulations in which the | 10 | | board recommends withdrawal of federal recognition of the | 11 | | officer's commission, or terminated under Section 43, Article
| 12 | | VIII hereof. Federal recognition with commission in the | 13 | | National Guard of
the United States is established as a | 14 | | requirement for holding commission in
the active National Guard | 15 | | of Illinois; the commission of an officer in the
National Guard | 16 | | of Illinois will be terminated upon failure to obtain or
retain | 17 | | Federal recognition.
| 18 | | (Source: P.A. 85-1241.)
| 19 | | (20 ILCS 1805/42) (from Ch. 129, par. 220.42)
| 20 | | Sec. 42.
Whenever a recommendation is made pursuant to the | 21 | | provisions of
the preceding Section and such recommendation is | 22 | | approved by superior
commanders, it shall be within the | 23 | | discretion of the Adjutant General the duty of the | 24 | | Commander-in-Chief to convene a
board of not less than three |
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| 1 | | nor more than five commissioned officers all superior in rank | 2 | | or date of rank to the officer or enlisted member facing | 3 | | investigation , at least one of
whom shall be a medical | 4 | | officer, to examine into the matter of such
recommendation and | 5 | | the desirability and qualifications of the officer or enlisted | 6 | | member who
is the subject thereof, and to report its findings | 7 | | and recommendations to
the Commander-in-Chief through The | 8 | | Adjutant General. If the board finds
such officer to be | 9 | | undesirable and such findings are approved by the
Adjutant | 10 | | General Commander-in-Chief , then the commission of such | 11 | | officer or enlistment of such soldier or airman, in the | 12 | | Organized Militia, shall be
terminated.
| 13 | | (Source: Laws 1957, p. 2141.)
| 14 | | (20 ILCS 1805/43) (from Ch. 129, par. 220.43)
| 15 | | Sec. 43.
When an officer is absent without leave from four | 16 | | consecutive unit training assemblies
ordered armory drills or | 17 | | the annual training Field Training period such officer's
| 18 | | commission shall be terminated.
| 19 | | (Source: Laws 1957, p. 2141.)
| 20 | | (20 ILCS 1805/58) (from Ch. 129, par. 220.58)
| 21 | | Sec. 58.
The Commander-in-Chief may shall require that a | 22 | | bond in a suitable
amount, payable to the People of the State | 23 | | of Illinois, shall be given by
an approved surety company for | 24 | | any officer accountable for public property,
for its proper |
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| 1 | | care and use as provided herein or by regulations, and for
its | 2 | | return upon demand of competent authority in good order and | 3 | | condition,
fair wear and tear and unavoidable loss excepted, | 4 | | subject to the
recommendations of a survey, approved by The | 5 | | Adjutant General. Provided,
however, that The Adjutant General | 6 | | with the approval of the Governor, may
obtain an adequate | 7 | | indemnity bond covering all or part of the officers so
| 8 | | accountable or responsible, in which case the officers so | 9 | | covered shall not
be required to furnish individual bonds as | 10 | | hereinbefore provided. The
charges and expenses of all bonds | 11 | | provided for in this Act shall be paid by
the State. Upon the | 12 | | violation of any of the conditions of any bond executed
and | 13 | | delivered under the provisions of this Section, action thereon | 14 | | shall be
brought by the Attorney General on behalf of the | 15 | | State. It shall be the
duty of the Attorney General of the | 16 | | State to prosecute all actions upon
such bonds.
| 17 | | (Source: Laws 1957, p. 2141.)
| 18 | | (20 ILCS 1805/65) (from Ch. 129, par. 220.65)
| 19 | | Sec. 65.
Subject to such reasonable regulations as may be | 20 | | promulgated by the
Adjutant General, the use and rental of | 21 | | armories may be permitted for any
reasonable and legitimate | 22 | | civilian activities so long as the activities do not
interfere | 23 | | with their use for military purposes. Proceeds received from | 24 | | rentals ,
above the expenses incident to the use, will be placed | 25 | | in the National Guard Construction Fund an "Armory Rental
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| 1 | | Account" by the Adjutant General and used for recruiting, | 2 | | athletic, and
recreational activities and other purposes in the | 3 | | interest and for the benefit
of the personnel of the Illinois | 4 | | National Guard. Expenditures of those
proceeds must be made on | 5 | | a modified per capita basis with due consideration
given to the | 6 | | proportion of each armory's generation of revenue, as | 7 | | determined
by the Adjutant General .
| 8 | | (Source: P.A. 92-252, eff. 8-3-01.)
| 9 | | (20 ILCS 1805/92) (from Ch. 129, par. 220.92)
| 10 | | Sec. 92.
The proceedings, recommendations and findings of | 11 | | any board
convened by order of the Commander-in-Chief, under | 12 | | provisions of this act,
shall be confidential and publication | 13 | | of any such findings or
recommendations shall be made only by | 14 | | and through the Commander-in-Chief or the Adjutant General
his | 15 | | Chief of Staff . Any officer or member of such board, who | 16 | | without
authority communicates information pertaining to the | 17 | | proceedings,
recommendations or findings to any person or | 18 | | agency other than as herein
provided shall be punished as a | 19 | | court-martial may direct.
| 20 | | (Source: Laws 1957, p. 2141.)
| 21 | | (20 ILCS 1805/12 rep.) | 22 | | (20 ILCS 1805/13 rep.) | 23 | | (20 ILCS 1805/30 rep.) | 24 | | (20 ILCS 1805/97 rep.) |
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| 1 | | (20 ILCS 1805/98 rep.) | 2 | | Section 10. The Military Code of Illinois is amended by | 3 | | repealing Sections 12, 13, 30, 97, and 98. | 4 | | Section 15. The Service Member's Employment Tenure Act is | 5 | | amended by changing Section 3 as follows:
| 6 | | (330 ILCS 60/3) (from Ch. 126 1/2, par. 31)
| 7 | | Sec. 3. Definitions. The term "persons in the military | 8 | | service", as used
in this Act,
shall include the following | 9 | | persons and no others: All members of the Army
of the United | 10 | | States, the United States Navy, the Marine Corps, the Air
| 11 | | Force,
the Coast
Guard and all members of the State Militia | 12 | | called into the service or
training of the United States of | 13 | | America or of this State. The term
"military service", as
used | 14 | | in this Act, shall signify Federal service or active duty with | 15 | | any
branch of service heretofore referred to as well as | 16 | | training or education
under the supervision of the United | 17 | | States preliminary to induction into
the military service.
The | 18 | | term "military service" also includes any period of active duty | 19 | | with the
State of Illinois pursuant to the orders of the | 20 | | President of the United States or the Governor. The term | 21 | | "military service" also includes any period of active duty by | 22 | | members of the National Guard who are called to active duty | 23 | | pursuant to an order of the Governor of this State or an order | 24 | | of a governor of any other state as provided by law. The term |
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| 1 | | "military service" also includes the full-time duties of the | 2 | | Adjutant General and Assistant Adjutants General under Section | 3 | | 17 of the Military Code of Illinois.
| 4 | | The foregoing definitions shall apply both to voluntary | 5 | | enlistment and
to induction into service by draft or | 6 | | conscription.
| 7 | | The term "political subdivision", as used in this Act, | 8 | | means any unit of
local government or school district.
| 9 | | (Source: P.A. 99-88, eff. 7-21-15.)
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INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 1805/7 | from Ch. 129, par. 220.07 | | 4 | | 20 ILCS 1805/8 | from Ch. 129, par. 220.08 | | 5 | | 20 ILCS 1805/14 | from Ch. 129, par. 220.14 | | 6 | | 20 ILCS 1805/15 | from Ch. 129, par. 220.15 | | 7 | | 20 ILCS 1805/20 | from Ch. 129, par. 220.20 | | 8 | | 20 ILCS 1805/20.5 | | | 9 | | 20 ILCS 1805/22-10 | | | 10 | | 20 ILCS 1805/24 | from Ch. 129, par. 220.24 | | 11 | | 20 ILCS 1805/28 | from Ch. 129, par. 220.28 | | 12 | | 20 ILCS 1805/28.6 | | | 13 | | 20 ILCS 1805/30.10 | | | 14 | | 20 ILCS 1805/40 | from Ch. 129, par. 220.40 | | 15 | | 20 ILCS 1805/42 | from Ch. 129, par. 220.42 | | 16 | | 20 ILCS 1805/43 | from Ch. 129, par. 220.43 | | 17 | | 20 ILCS 1805/58 | from Ch. 129, par. 220.58 | | 18 | | 20 ILCS 1805/65 | from Ch. 129, par. 220.65 | | 19 | | 20 ILCS 1805/92 | from Ch. 129, par. 220.92 | | 20 | | 20 ILCS 1805/12 rep. | | | 21 | | 20 ILCS 1805/13 rep. | | | 22 | | 20 ILCS 1805/30 rep. | | | 23 | | 20 ILCS 1805/97 rep. | | | 24 | | 20 ILCS 1805/98 rep. | | | 25 | | 330 ILCS 60/3 | from Ch. 126 1/2, par. 31 |
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