Illinois General Assembly - Full Text of HB5756
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Full Text of HB5756  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,
3represented in the General Assembly:
4    Section 5. The Military Code of Illinois is amended by
5changing Sections 7, 8, 14, 15, 20, 20.5, 22-10, 24, 28, 28.6,
630.10, 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
9National Guard. There shall be no racial segregation nor shall
10there be any unlawful discrimination in the service of any
11detachment, company, regiment, division, department or any
12other subdivision of the Illinois National Guard because of
13race, 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
17shall be in accordance with tables and authorizations provided
18by the U.S. Departments of the Army and the Air Force for the
19U.S. Army and Air National Guard, respectively. In time of
20peace the strength of the Organized Militia shall not be less
21than 6,000 and not more than 45,000 officers, warrant officers
22and enlisted personnel.



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1    The Governor as Commander-in-Chief shall have power in case
2of war, insurrection, invasion or imminent danger thereof, to
3increase the forces beyond the 45,000 and organize them as the
4exigencies 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
8active officers of the Illinois National Guard, The Adjutant
9General, Chief of Staff, with the grade of Major General. The
10appointment of the Adjutant General shall be for a term
11expiring on the 3rd Monday in January, 1971, and in each
12odd-numbered year thereafter. The Adjutant General shall serve
13as both the Director of the Department of Military Affairs and
14as 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
19officers of the Illinois National Guard, a full-time an
20Assistant Adjutant General for Army and a full-time an
21Assistant Adjutant General for Air each with a grade not to
22exceed Major General. Each of the Assistant Adjutants General
23shall be appointed for a term coinciding with the term provided
24for the Adjutant General in Section 14, and shall serve with



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1the compensation and responsibilities as designated in this
3    (a-5) (Blank). The Commander-in-Chief shall appoint from
4the active officers of the Illinois National Guard an Assistant
5Adjutant General to serve as head of the Division of Family
6Affairs within the Department of Military Affairs, with a grade
7not to exceed Major General. The Assistant Adjutant General
8shall be appointed for a term coinciding with the term provided
9for the Adjutant General in Section 14, and shall serve with
10the compensation and responsibilities as designated in this
12    (b) The Commander-in-Chief may also appoint additional
13Assistant Adjutants General for Army and such additional
14Assistant Adjutants General for Air with the grades not to
15exceed those authorized for the positions in the Joint Force
16Headquarters 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
20Branch of the State Government, a principal department which
21shall be known as the Department of Military Affairs. The
22Department of Military Affairs shall consist of The Adjutant
23General, Chief of Staff; an Assistant Adjutant General for
24Army; an Assistant Adjutant General for Air; and the number of
25military and civilian employees required. It is the channel of



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1communication between the Federal Government and the State of
2Illinois on all matters pertaining to the State military
4(Source: P.A. 85-1241.)
5    (20 ILCS 1805/20.5)
6    Sec. 20.5. Division of Family Affairs. Subject to
7appropriations for this purpose, the The Division of Family
8Affairs is created as a Division within the Department of
9Military Affairs. The head of the Division shall serve as an
10Assistant Adjutant General. The Division shall assist family
11members of military members who are mobilized or in service
12abroad. This assistance shall include, but need not be limited
13to, advocacy to help such family members access all available
14State services that are provided through the Department or any
15other 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
19Employment Tenure Act. Whenever a member of the Illinois
20National Guard is called to active military duty pursuant to a
21declaration of war by the Congress or by the President under
22the War Powers Act or by the Governor in time of declared
23emergency or for quelling civil insurrection, the Adjutant
24General shall ensure that the member is briefed on



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1expeditiously given written notice of the provisions of
2Sections 4 and 4.5 of the Service Member's Employment Tenure
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
7correspondence and the records thereof pertaining to his
8office, and shall file for record all returns of troops, and
9all reports and records of field service, drills and camps of
10instruction, and of all active service performed by troops of
11the 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
15public danger or when an emergency exists. The Adjutant General
16may purchase or authorize the purchase of stores and supplies
17in accordance with the emergency purchase provisions in the
18Illinois Procurement Code the open market sufficient for the
19needs of the emergency then existing without requiring
20proposals 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
2Guard may be ordered to funeral honors duty in accordance with
3this Article. That member shall receive an allowance of $100
4for any day on which a minimum of 2 hours of funeral honors
5duty is performed. Members of the Illinois National Guard
6ordered to funeral honors duty in accordance with this Article
7are considered to be in the active service of the State for all
8purposes except for pay, and the provisions of Sections 52, 53,
954, 55, and 56 of the Military Code of Illinois apply if a
10member of the Illinois National Guard is injured or becomes a
11person with a disability in the course of those duties.
12    (b) The Adjutant General may provide support for other
13authorized providers who volunteer to participate in a funeral
14honors detail conducted on behalf of the Governor. This support
15is limited to transportation, reimbursement for
16transportation, expenses, materials, and training.
17    (c) On or after July 1, 2006, if the Adjutant General
18determines that Illinois National Guard personnel are not
19available to perform military funeral honors in accordance with
20this Article, the Adjutant General may authorize another
21appropriate organization to provide one or more of its members
22to perform those honors and, subject to appropriations for that
23purpose, shall authorize the payment of a $100 stipend to the
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
4at 10 U.S.C. 101(c).
5    "Illinois National Guard" has the definition provided in
6Sections 5 and 7 of this Code.
7    "Federal active duty under Title 10 of the United States
8Code" means active federal service of members of the National
9Guard pursuant to any provision of Chapter 1209 of Title 10 of
10the United States Code.
11    "Training or duty under Title 32 of the United States Code"
12means active or inactive National Guard training or duty
13performed pursuant to Chapter 5 of Title 32 of the United
14States Code and pursuant to the orders of the Governor.
15    "State Active Duty" means National Guard duty performed in
16the active service of any state or United States territory or
17commonwealth in accordance with that jurisdiction's laws and
18pursuant to the orders of the Governor concerned and the
19full-time duty of the Adjutant General and Assistant Adjutants
20General as provided in Section 17 of this Code. It does not
21refer to active duty performed pursuant to Chapter 5 of Title
2232 of the United States Code and pursuant to the orders of the
24    "Political subdivision" means any unit of local government
25or 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
3officers now in active service or hereafter appointed, shall
4hold their respective commissions until they are vacated by
5resignation or retirement, or by acceptance of another
6commission in the State military service, or by sentence of a
7general courts-martial, approved finding of a board of officers
8under Section 42, Article VIII, approved finding of a board of
9officers convened pursuant to federal regulations in which the
10board recommends withdrawal of federal recognition of the
11officer's commission, or terminated under Section 43, Article
12VIII hereof. Federal recognition with commission in the
13National Guard of the United States is established as a
14requirement for holding commission in the active National Guard
15of Illinois; the commission of an officer in the National Guard
16of Illinois will be terminated upon failure to obtain or retain
17Federal 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
21provisions of the preceding Section and such recommendation is
22approved by superior commanders, it shall be within the
23discretion of the Adjutant General the duty of the
24Commander-in-Chief to convene a board of not less than three



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1nor more than five commissioned officers all superior in rank
2or date of rank to the officer or enlisted member facing
3investigation , at least one of whom shall be a medical
4officer, to examine into the matter of such recommendation and
5the desirability and qualifications of the officer or enlisted
6member who is the subject thereof, and to report its findings
7and recommendations to the Commander-in-Chief through The
8Adjutant General. If the board finds such officer to be
9undesirable and such findings are approved by the Adjutant
10General Commander-in-Chief, then the commission of such
11officer or enlistment of such soldier or airman, in the
12Organized 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
16consecutive unit training assemblies ordered armory drills or
17the annual training Field Training period such officer's
18commission 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
22bond in a suitable amount, payable to the People of the State
23of Illinois, shall be given by an approved surety company for
24any officer accountable for public property, for its proper



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1care and use as provided herein or by regulations, and for its
2return upon demand of competent authority in good order and
3condition, fair wear and tear and unavoidable loss excepted,
4subject to the recommendations of a survey, approved by The
5Adjutant General. Provided, however, that The Adjutant General
6with the approval of the Governor, may obtain an adequate
7indemnity bond covering all or part of the officers so
8accountable or responsible, in which case the officers so
9covered shall not be required to furnish individual bonds as
10hereinbefore provided. The charges and expenses of all bonds
11provided for in this Act shall be paid by the State. Upon the
12violation of any of the conditions of any bond executed and
13delivered under the provisions of this Section, action thereon
14shall be brought by the Attorney General on behalf of the
15State. It shall be the duty of the Attorney General of the
16State 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
20promulgated by the Adjutant General, the use and rental of
21armories may be permitted for any reasonable and legitimate
22civilian activities so long as the activities do not interfere
23with their use for military purposes. Proceeds received from
24rentals, above the expenses incident to the use, will be placed
25in the National Guard Construction Fund an "Armory Rental



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1Account" by the Adjutant General and used for recruiting,
2athletic, and recreational activities and other purposes in the
3interest and for the benefit of the personnel of the Illinois
4National Guard. Expenditures of those proceeds must be made on
5a modified per capita basis with due consideration given to the
6proportion of each armory's generation of revenue, as
7determined 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
11any board convened by order of the Commander-in-Chief, under
12provisions of this act, shall be confidential and publication
13of any such findings or recommendations shall be made only by
14and through the Commander-in-Chief or the Adjutant General his
15Chief of Staff. Any officer or member of such board, who
16without authority communicates information pertaining to the
17proceedings, recommendations or findings to any person or
18agency other than as herein provided shall be punished as a
19court-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
3repealing Sections 12, 13, 30, 97, and 98.
4    Section 15. The Service Member's Employment Tenure Act is
5amended 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
8service", as used in this Act, shall include the following
9persons and no others: All members of the Army of the United
10States, the United States Navy, the Marine Corps, the Air
11Force, the Coast Guard and all members of the State Militia
12called into the service or training of the United States of
13America or of this State. The term "military service", as used
14in this Act, shall signify Federal service or active duty with
15any branch of service heretofore referred to as well as
16training or education under the supervision of the United
17States preliminary to induction into the military service. The
18term "military service" also includes any period of active duty
19with the State of Illinois pursuant to the orders of the
20President of the United States or the Governor. The term
21"military service" also includes any period of active duty by
22members of the National Guard who are called to active duty
23pursuant to an order of the Governor of this State or an order
24of 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
2Adjutant General and Assistant Adjutants General under Section
317 of the Military Code of Illinois.
4    The foregoing definitions shall apply both to voluntary
5enlistment and to induction into service by draft or
7    The term "political subdivision", as used in this Act,
8means any unit of local government or school district.
9(Source: P.A. 99-88, eff. 7-21-15.)



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2 Statutes amended in order of appearance
3    20 ILCS 1805/7from Ch. 129, par. 220.07
4    20 ILCS 1805/8from Ch. 129, par. 220.08
5    20 ILCS 1805/14from Ch. 129, par. 220.14
6    20 ILCS 1805/15from Ch. 129, par. 220.15
7    20 ILCS 1805/20from Ch. 129, par. 220.20
8    20 ILCS 1805/20.5
9    20 ILCS 1805/22-10
10    20 ILCS 1805/24from Ch. 129, par. 220.24
11    20 ILCS 1805/28from Ch. 129, par. 220.28
12    20 ILCS 1805/28.6
13    20 ILCS 1805/30.10
14    20 ILCS 1805/40from Ch. 129, par. 220.40
15    20 ILCS 1805/42from Ch. 129, par. 220.42
16    20 ILCS 1805/43from Ch. 129, par. 220.43
17    20 ILCS 1805/58from Ch. 129, par. 220.58
18    20 ILCS 1805/65from Ch. 129, par. 220.65
19    20 ILCS 1805/92from 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 60/3from Ch. 126 1/2, par. 31