20 ILCS 1815/ Illinois State Guard Act.

(20 ILCS 1815/Pt. I heading) PART I GENERAL PROVISIONS (Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/1-1) (from Ch. 129, par. 228h)

Sec. 1-1. Short title. This Act may be cited as the Illinois State Guard Act.

(Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/1-5)

Sec. 1-5. Establishment and purpose.

(a) This Act establishes the Illinois State Guard ("the State Guard"). The State Guard is the State's non-federally recognized military force which may be composed of members of the Unorganized Militia who are 18 through 45 years of age, and those persons who are 45 through 65 years of age as determined necessary by the Governor.

(b) The Governor is the Commander-in-Chief of the State Guard. The Adjutant General is the Commander of the State Guard. As directed by the Adjutant General, the Department of Military Affairs shall administer the State Guard.

(c) The purpose of the State Guard is to provide the State a capable military force when all or part of the Illinois National Guard is not available for State service due to its possible or actual mobilization into federal service by the President of the United States.

(Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/1-10)

Sec. 1-10. Activation of the State Guard.

(a) Whenever the Commander-in-Chief deems it necessary or advisable for the purpose of executing the laws of the State or to prevent an actual or threatened violation of law; when the nation is at war and a requisition or order has been made, or is likely to be made, by the President of the United States calling the National Guard, or parts thereof, into the National service; or for any other emergency, he or she may issue a proclamation calling for volunteers to serve in the State Guard. Persons who answer the call and who are appointed or enlisted in the State Guard shall serve in State Active Duty status.

(b) The proclamation shall state the number of volunteers needed and the period of State Active Duty during which they are called to serve. The Commander-in-Chief may terminate or extend any such proclamation at any time he or she determines appropriate and in the best interests of the State.

(c) When mobilized and deployed to support civil authorities, the State Guard may be directed by civil authorities as to work to be done or the result to be attained, but not as to the method to be employed. At all times, State Guard units and members shall remain under the command and control of the Commander-in-Chief, the Adjutant General, and such subordinate commanders as the Adjutant General may appoint.

(Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/Pt. II heading) PART II ORGANIZATION OF THE STATE GUARD (Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/2-5)

Sec. 2-5. Organization.

(a) As authorized by the Commander-in-Chief, the Adjutant General may by order establish units of the State Army and Air Guard that are similar in nature and in general conformity to those of the United States Army and Air Force and may assign State Guard personnel to each unit. Upon expiration or termination of the proclamation issued in accordance with Section 1-10 of this Act, the Commander-in-Chief may discharge such units and personnel assigned thereto.

(b) The State Guard shall consist of 2 components: the State Army Guard and the State Air Guard. The Adjutant General may appoint the Assistant Adjutant General for Army as the Commander of the State Army Guard and the Assistant Adjutant General for Air as the Commander of the State Air Guard, respectively. The Adjutant General may also appoint such other subordinate commanders and staff of the State Guard as he or she determines appropriate.

(Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/Pt. III heading) PART III PERSONNEL AND PAY (Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/3-5)

Sec. 3-5. Personnel.

(a) The State Guard shall be comprised of commissioned officers, warrant officers, and enlisted personnel in grades conforming to those of the United States Army and Air Force. The Adjutant General shall establish by regulation the qualifications for appointment, enlistment, service, and promotion in the State Guard including, but not limited to, minimum and maximum age, education, physical condition, and personal conduct.

(b) The Governor shall appoint all commissioned and warrant officers of the State Guard in a manner similar to appointments made in the Illinois National Guard. Officers shall take the following oath as a condition of appointment: "I do solemnly swear (or affirm) that I will bear true allegiance to the Constitution of the United States and to the Constitution of the State of Illinois, and to the laws thereof, and that I will faithfully obey the orders of the Commander-in-Chief and the officers appointed above me, and the rules and regulations of the Illinois State Guard. (So help me God.)" Appointments in the State Guard shall be for an indefinite term and subject to death, resignation, discharge, retirement, or termination in accordance with State law and regulation.

(c) Persons accepted for enlistment in the State Guard shall, as a condition of enlistment, take the same oath as officers. The Adjutant General shall prescribe by regulation the form of enlistment contracts. Original terms of enlistment shall be limited to 2 years. Re-enlistment terms shall be limited to one year.

(d) In accordance with regulations prescribed by the Adjutant General, upon an officer's separation from the State Guard, the Adjutant General shall characterize the officer's service as honorable, general (under honorable conditions), or under conditions other than honorable using criteria that are in general conformity with those regulations or instructions of the United States Army and Air Force that are applicable to the National Guard, unless the officer was separated with a punitive discharge under the Illinois Code of Military Justice.

(e) The Adjutant General may mobilize on State Active Duty members of the Illinois National Guard as he or she determines necessary to administer, train, or command the State Guard.

(Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/3-10)

Sec. 3-10. Pay and allowances.

(a) The State is responsible for all pay and allowances of members of the State Guard.

(b) Members of the State Guard serving on State Active Duty shall receive the same pay as provided to members of the Illinois National Guard of like grade and longevity under Sections 48 and 49 of the Military Code of Illinois.

(c) Members of the State Guard serving on State Active Duty shall be considered State employees for civil liability and civil representation purposes to the same degree and extent as members of the Illinois National Guard under Section 1 of the State Employee Indemnification Act.

(d) Members of the State Guard criminally prosecuted by civil authorities of the United States, any State, Commonwealth, Territory, or District of the United States, including the State of Illinois or any political subdivision thereof, shall be entitled to representation and indemnification to the same extent as members of the Illinois National Guard under Section 90 of the Military Code of Illinois.

(Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/Pt. IV heading) PART IV EQUIPPING AND UNIFORMS (Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/4-5)

Sec. 4-5. Equipping.

(a) As permitted by federal law and regulation, the State Guard may use the federal military property and personnel of the Illinois National Guard and shall reimburse the appropriate federal authority for such use from State funds.

(b) The State Guard may use federal property of the Illinois National Guard only to the extent that its members are trained to use it properly and safely and, if necessary, under the training and supervision of members of the Illinois National Guard detailed by the Adjutant General.

(c) In accordance with the Illinois Procurement Code, the State may, at its expense and subject to the availability of State funds, procure and provide such other materials, as needed, for the State Guard.

(d) State Guard commanders shall be held responsible and accountable for all military property issued to them in a manner similar to that enforced against commanders of the Illinois National Guard under property accountability regulations or instructions of the United States Army and Air Force.

(e) In accordance with regulations prescribed by the Adjutant General, members of the State Guard shall be held responsible and may be held financially liable for any damage, destruction, or loss, including loss of accountability, of military property under their control in a manner similar to that enforced against members of the Illinois National Guard under applicable regulations or instructions of the United States Army and Air Force.

(Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/4-10)

Sec. 4-10. Uniforms.

(a) Uniforms for the State Guard shall be in general conformity with those of the Illinois National Guard, except that members of the State Guard shall wear the designation "IL" on their class A/service dress and the designation "Illinois State Army Guard", "Illinois State Air Guard", or "Illinois" on their class C/utility uniforms.

(b) Officers shall pay for their uniforms. Enlisted members shall be issued uniforms in accordance with regulations prescribed by the Adjutant General and subject to the availability of State funds.

(c) Officer and enlisted rank insignia shall be in conformity with those of the Illinois National Guard.

(Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/Pt. V heading) PART V DISCIPLINE (Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/5-5)

Sec. 5-5. Military justice. While serving on State Active Duty, members of the State Guard shall be subject to the provisions of the Illinois Code of Military Justice.

(Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/5-10)

Sec. 5-10. Terminating appointments. The Adjutant General may prescribe, by regulation, administrative procedures for terminating the appointment of any commissioned or warrant officer for cause that are similar to those procedures which apply to members of the Illinois National Guard, except that any administrative procedures prescribed by the Adjutant General under this Section shall provide that no officer is entitled to present his or her case to a board of officers unless the officer has at least 6 years of total military service in the State Guard at the time the termination action was initiated. Such administrative procedures shall require the Adjutant General to characterize the officer's service as honorable, general (under honorable conditions), or under other than honorable conditions; however, in no case may the Adjutant General characterize an officer's service as other than honorable unless the officer is afforded the right to present his or her case to a board of officers.

(Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/5-15)

Sec. 5-15. Involuntary separation. The Adjutant General may prescribe, by regulation, administrative procedures to involuntarily separate any enlisted member from the State Guard for cause that are similar to those procedures which apply to members of the Illinois National Guard, except that any administrative procedures prescribed by the Adjutant General under this Section shall provide that no enlisted person is entitled to present his or her case to a board of officers unless the enlisted person has at least 6 years of total military service in the State Guard at the time the separation action was initiated. Such administrative procedures shall require the Adjutant General to characterize the enlisted member's service as honorable, general (under honorable conditions), or under other than honorable conditions; however, in no case may the Adjutant General characterize an enlisted member's service as other than honorable unless the enlisted member is afforded the right to present his or her case to a board of officers.

(Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/Pt. VI heading) PART VI REGULATIONS (Source: P.A. 100-1030, eff. 8-22-18.)

(20 ILCS 1815/6-5)

Sec. 6-5. Regulations. Regulations authorized under this Act shall not be subject to the Illinois Administrative Procedure Act and shall become effective upon approval by the Adjutant General.

(Source: P.A. 100-1030, eff. 8-22-18.)