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Public Act 099-0557 Public Act 0557 99TH GENERAL ASSEMBLY |
Public Act 099-0557 | HB5756 Enrolled | LRB099 19780 MJP 44178 b |
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| AN ACT concerning State government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Military Code of Illinois is amended by | changing Sections 7, 8, 14, 15, 20, 20.5, 22-10, 24, 28, 28.6, | 30.10, 40, 42, 43, 58, 65, and 92 as follows:
| (20 ILCS 1805/7) (from Ch. 129, par. 220.07)
| Sec. 7. The Organized Militia shall consist of the Illinois | National Guard. There shall be no racial segregation nor
shall | there be any unlawful discrimination in the service of any | detachment,
company, regiment, division, department or any | other subdivision of the
Illinois National Guard because of | race, creed or
color .
| (Source: P.A. 85-1241.)
| (20 ILCS 1805/8) (from Ch. 129, par. 220.08)
| Sec. 8.
The personnel strength of the Organized Militia | shall be in accordance with tables and authorizations provided | by the U.S. Departments of the Army and the Air Force for the | U.S. Army and Air National Guard, respectively. In time of | peace the strength of the Organized Militia shall not be
less | than 6,000 and not more than 45,000 officers, warrant officers | and
enlisted personnel.
|
| The Governor as Commander-in-Chief shall have power in case | of war,
insurrection, invasion or imminent danger thereof, to | increase the forces
beyond the 45,000 and organize them as the | exigencies of the service may
require.
| (Source: Laws 1957, p. 2141.)
| (20 ILCS 1805/14) (from Ch. 129, par. 220.14)
| Sec. 14.
The Commander-in-Chief shall appoint from the | active officers of
the Illinois National Guard, The Adjutant | General, Chief of Staff, with the
grade of Major General. The | appointment of the Adjutant General shall be
for a term | expiring on the 3rd Monday in January, 1971, and in each
| odd-numbered year thereafter. The Adjutant General shall serve | as both the Director of the Department of Military Affairs and | as the Commander of the Illinois National Guard.
| (Source: P.A. 98-694, eff. 7-3-14.)
| (20 ILCS 1805/15) (from Ch. 129, par. 220.15)
| Sec. 15. Assistant Adjutants General.
| (a) The Commander-in-Chief shall appoint from the active | officers
of the Illinois National Guard, a full-time an | Assistant Adjutant General for Army
and a full-time an | Assistant Adjutant General for Air each with a grade not to | exceed Major
General. Each of the Assistant Adjutants General | shall be appointed for
a term coinciding with the term provided | for the Adjutant General in Section 14, and shall serve with |
| the compensation and responsibilities as designated in this | Act. | (a-5) (Blank). The Commander-in-Chief shall appoint from | the active officers
of the Illinois National Guard an Assistant | Adjutant General to serve as head of the Division of Family | Affairs within the Department of Military Affairs, with a grade | not to exceed Major General. The Assistant Adjutant General | shall be appointed for
a term coinciding with the term provided | for the Adjutant General in Section 14, and shall serve with | the compensation and responsibilities as designated in this | Code. | (b) The Commander-in-Chief may also appoint additional | Assistant Adjutants General for Army and such additional | Assistant Adjutants General for Air with the grades not to | exceed those authorized for the positions in the Joint Force | Headquarters of the Illinois National Guard.
| (Source: P.A. 96-94, eff. 7-27-09.)
| (20 ILCS 1805/20) (from Ch. 129, par. 220.20)
| Sec. 20.
There is hereby established in the Executive | Branch of the
State Government, a principal department which | shall be known as the
Department of Military Affairs. The
| Department of Military Affairs shall consist of The Adjutant | General ,
Chief of Staff ; an
Assistant Adjutant General for | Army; an Assistant Adjutant General
for Air; and the number of | military and civilian employees required.
It is the channel of |
| communication between the Federal Government and the
State of | Illinois on all matters pertaining to the State military | forces.
| (Source: P.A. 85-1241.)
| (20 ILCS 1805/20.5) | Sec. 20.5. Division of Family Affairs. Subject to | appropriations for this purpose, the The Division of Family | Affairs is created as a Division within the Department of | Military Affairs. The head of the Division shall serve as an | Assistant Adjutant General. The Division shall assist family | members of military members who are mobilized or in service | abroad. This assistance shall include, but need not be limited | to, advocacy to help such family members access all available | State services that are provided through the Department or any | other State agency.
| (Source: P.A. 96-94, eff. 7-27-09.) | (20 ILCS 1805/22-10) | Sec. 22-10. Notice of provisions of Service Member's | Employment Tenure Act. Whenever a member of the Illinois | National Guard is called to active military duty pursuant to a | declaration of war by the Congress or by the President under | the War Powers Act or by the Governor in time of declared | emergency or for quelling civil insurrection , the Adjutant | General shall ensure that the member is briefed on |
| expeditiously given written notice of the provisions of | Sections 4 and 4.5 of the Service Member's Employment Tenure | Act.
| (Source: P.A. 94-162, eff. 7-11-05.)
| (20 ILCS 1805/24) (from Ch. 129, par. 220.24)
| Sec. 24.
The Adjutant General shall have charge of all | correspondence and
the records thereof pertaining to his | office, and shall file for record all
returns of troops , and | all reports and records of field service , drills and camps of
| instruction , and of all active service performed by troops of | the State in
service of the State or of the United States.
| (Source: Laws 1957, p. 2141.)
| (20 ILCS 1805/28) (from Ch. 129, par. 220.28)
| Sec. 28.
When the Commander-in-Chief proclaims a time of | public danger or
when an emergency exists. The Adjutant General | may purchase or authorize
the purchase of stores and supplies | in accordance with the emergency purchase provisions in the | Illinois Procurement Code the open market sufficient for the
| needs of the emergency then existing without requiring | proposals and
without advertising for the same .
| (Source: Laws 1957, p. 2141.)
| (20 ILCS 1805/28.6)
| Sec. 28.6. Policy.
|
| (a) A member of the Army National Guard or the Air National
| Guard may be ordered to funeral honors duty in accordance
with | this Article. That member shall receive an allowance
of $100 | for any day on which a minimum of 2 hours of funeral
honors | duty is performed. Members of the Illinois National
Guard | ordered to funeral honors duty in accordance with
this Article | are considered to be in the active service of
the State for all | purposes except for pay, and the
provisions of Sections 52, 53, | 54, 55, and 56 of the
Military Code of Illinois apply if a | member of the
Illinois National Guard is injured or becomes a | person with a disability in
the course of those duties.
| (b) The Adjutant General may provide support for other
| authorized providers who volunteer to participate in a
funeral | honors detail conducted on behalf of the Governor.
This support | is limited to transportation , reimbursement
for | transportation, expenses, materials, and training.
| (c) On or after July 1, 2006, if the Adjutant General | determines that Illinois
National Guard personnel are not | available to perform military funeral
honors in accordance with | this Article, the Adjutant General may authorize another | appropriate organization to provide one or more of its members | to perform those honors and, subject to appropriations for that | purpose, shall authorize the payment of a $100 stipend to the | organization.
| (Source: P.A. 99-143, eff. 7-27-15.)
|
| (20 ILCS 1805/30.10)
| Sec. 30.10. Definitions.
In this Article:
| "National Guard" has the definition provided by federal law | at 10 U.S.C.
101(c).
| "Illinois National Guard" has the definition provided in | Sections 5 and 7 of
this Code.
| "Federal active duty under Title 10 of the United States | Code" means
active federal service of members of the National | Guard pursuant to any
provision of Chapter 1209 of Title 10 of | the United States Code.
| "Training or duty under Title 32 of the United States Code" | means active
or inactive National Guard training or duty | performed pursuant to Chapter 5 of
Title 32 of the United | States Code and pursuant to the orders of the Governor.
| "State Active Duty" means National Guard duty performed in | the active
service of any state or United States territory or | commonwealth in accordance
with that
jurisdiction's laws and | pursuant to the orders of the Governor concerned and the | full-time duty of the Adjutant General and Assistant Adjutants | General as provided in Section 17 of this Code . It
does not | refer to active duty performed pursuant to Chapter 5 of Title | 32 of
the United States Code and pursuant to the orders of the | Governor.
| "Political subdivision" means any unit
of local government | or school district.
| (Source: P.A. 92-716, eff. 7-24-02.)
|
| (20 ILCS 1805/40) (from Ch. 129, par. 220.40)
| Sec. 40.
Except where otherwise specified herein, all | officers now in
active service or hereafter appointed, shall | hold their respective
commissions until they are vacated by | resignation or retirement, or by
acceptance of another | commission in the State military service, or
by sentence of a | general courts-martial, approved finding of a board of officers
| under Section 42, Article VIII, approved finding of a board of | officers convened pursuant to federal regulations in which the | board recommends withdrawal of federal recognition of the | officer's commission, or terminated under Section 43, Article
| VIII hereof. Federal recognition with commission in the | National Guard of
the United States is established as a | requirement for holding commission in
the active National Guard | of Illinois; the commission of an officer in the
National Guard | of Illinois will be terminated upon failure to obtain or
retain | Federal recognition.
| (Source: P.A. 85-1241.)
| (20 ILCS 1805/42) (from Ch. 129, par. 220.42)
| Sec. 42.
Whenever a recommendation is made pursuant to the | provisions of
the preceding Section and such recommendation is | approved by superior
commanders, it shall be within the | discretion of the Adjutant General the duty of the | Commander-in-Chief to convene a
board of not less than three |
| nor more than five commissioned officers all superior in rank | or date of rank to the officer or enlisted member facing | investigation , at least one of
whom shall be a medical | officer, to examine into the matter of such
recommendation and | the desirability and qualifications of the officer or enlisted | member who
is the subject thereof, and to report its findings | and recommendations to
the Commander-in-Chief through The | Adjutant General. If the board finds
such officer to be | undesirable and such findings are approved by the
Adjutant | General Commander-in-Chief , then the commission of such | officer or enlistment of such soldier or airman, in the | Organized Militia, shall be
terminated.
| (Source: Laws 1957, p. 2141.)
| (20 ILCS 1805/43) (from Ch. 129, par. 220.43)
| Sec. 43.
When an officer is absent without leave from four | consecutive unit training assemblies
ordered armory drills or | the annual training Field Training period such officer's
| commission shall be terminated.
| (Source: Laws 1957, p. 2141.)
| (20 ILCS 1805/58) (from Ch. 129, par. 220.58)
| Sec. 58.
The Commander-in-Chief may shall require that a | bond in a suitable
amount, payable to the People of the State | of Illinois, shall be given by
an approved surety company for | any officer accountable for public property,
for its proper |
| care and use as provided herein or by regulations, and for
its | return upon demand of competent authority in good order and | condition,
fair wear and tear and unavoidable loss excepted, | subject to the
recommendations of a survey, approved by The | Adjutant General. Provided,
however, that The Adjutant General | with the approval of the Governor, may
obtain an adequate | indemnity bond covering all or part of the officers so
| accountable or responsible, in which case the officers so | covered shall not
be required to furnish individual bonds as | hereinbefore provided. The
charges and expenses of all bonds | provided for in this Act shall be paid by
the State. Upon the | violation of any of the conditions of any bond executed
and | delivered under the provisions of this Section, action thereon | shall be
brought by the Attorney General on behalf of the | State. It shall be the
duty of the Attorney General of the | State to prosecute all actions upon
such bonds.
| (Source: Laws 1957, p. 2141.)
| (20 ILCS 1805/65) (from Ch. 129, par. 220.65)
| Sec. 65.
Subject to such reasonable regulations as may be | promulgated by the
Adjutant General, the use and rental of | armories may be permitted for any
reasonable and legitimate | civilian activities so long as the activities do not
interfere | with their use for military purposes. Proceeds received from | rentals ,
above the expenses incident to the use, will be placed | in the National Guard Construction Fund an "Armory Rental
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| Account" by the Adjutant General and used for recruiting, | athletic, and
recreational activities and other purposes in the | interest and for the benefit
of the personnel of the Illinois | National Guard. Expenditures of those
proceeds must be made on | a modified per capita basis with due consideration
given to the | proportion of each armory's generation of revenue, as | determined
by the Adjutant General .
| (Source: P.A. 92-252, eff. 8-3-01.)
| (20 ILCS 1805/92) (from Ch. 129, par. 220.92)
| Sec. 92.
The proceedings, recommendations and findings of | any board
convened by order of the Commander-in-Chief, under | provisions of this act,
shall be confidential and publication | of any such findings or
recommendations shall be made only by | and through the Commander-in-Chief or the Adjutant General
his | Chief of Staff . Any officer or member of such board, who | without
authority communicates information pertaining to the | proceedings,
recommendations or findings to any person or | agency other than as herein
provided shall be punished as a | court-martial may direct.
| (Source: Laws 1957, p. 2141.)
| (20 ILCS 1805/12 rep.) | (20 ILCS 1805/13 rep.) | (20 ILCS 1805/30 rep.) | (20 ILCS 1805/97 rep.) |
| (20 ILCS 1805/98 rep.) | Section 10. The Military Code of Illinois is amended by | repealing Sections 12, 13, 30, 97, and 98. | Section 15. The Service Member's Employment Tenure Act is | amended by changing Section 3 as follows:
| (330 ILCS 60/3) (from Ch. 126 1/2, par. 31)
| Sec. 3. Definitions. The term "persons in the military | service", as used
in this Act,
shall include the following | persons and no others: All members of the Army
of the United | States, the United States Navy, the Marine Corps, the Air
| Force,
the Coast
Guard and all members of the State Militia | called into the service or
training of the United States of | America or of this State. The term
"military service", as
used | in this Act, shall signify Federal service or active duty with | any
branch of service heretofore referred to as well as | training or education
under the supervision of the United | States preliminary to induction into
the military service.
The | term "military service" also includes any period of active duty | with the
State of Illinois pursuant to the orders of the | President of the United States or the Governor. The term | "military service" also includes any period of active duty by | members of the National Guard who are called to active duty | pursuant to an order of the Governor of this State or an order | of a governor of any other state as provided by law. The term |
| "military service" also includes the full-time duties of the | Adjutant General and Assistant Adjutants General under Section | 17 of the Military Code of Illinois.
| The foregoing definitions shall apply both to voluntary | enlistment and
to induction into service by draft or | conscription.
| The term "political subdivision", as used in this Act, | means any unit of
local government or school district.
| (Source: P.A. 99-88, eff. 7-21-15.)
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INDEX
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Statutes amended in order of appearance
| | 20 ILCS 1805/7 | from Ch. 129, par. 220.07 | | 20 ILCS 1805/8 | from Ch. 129, par. 220.08 | | 20 ILCS 1805/14 | from Ch. 129, par. 220.14 | | 20 ILCS 1805/15 | from Ch. 129, par. 220.15 | | 20 ILCS 1805/20 | from Ch. 129, par. 220.20 | | 20 ILCS 1805/20.5 | | | 20 ILCS 1805/22-10 | | | 20 ILCS 1805/24 | from Ch. 129, par. 220.24 | | 20 ILCS 1805/28 | from Ch. 129, par. 220.28 | | 20 ILCS 1805/28.6 | | | 20 ILCS 1805/30.10 | | | 20 ILCS 1805/40 | from Ch. 129, par. 220.40 | | 20 ILCS 1805/42 | from Ch. 129, par. 220.42 | | 20 ILCS 1805/43 | from Ch. 129, par. 220.43 | | 20 ILCS 1805/58 | from Ch. 129, par. 220.58 | | 20 ILCS 1805/65 | from Ch. 129, par. 220.65 | | 20 ILCS 1805/92 | from Ch. 129, par. 220.92 | | 20 ILCS 1805/12 rep. | | | 20 ILCS 1805/13 rep. | | | 20 ILCS 1805/30 rep. | | | 20 ILCS 1805/97 rep. | | | 20 ILCS 1805/98 rep. | | | 330 ILCS 60/3 | from Ch. 126 1/2, par. 31 |
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Effective Date: 1/1/2017
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