20 ILCS 1805/ Military Code of Illinois.

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20 ILCS 1805/Art. IV-A

(20 ILCS 1805/Art. IV-A heading) ARTICLE IV-A.

MILITARY FUNERAL HONORS

20 ILCS 1805/28.1

(20 ILCS 1805/28.1)

Sec. 28.1.

Purpose.

This Article establishes the
Illinois Military Funeral Honors Program to ensure, subject to the
appropriation of adequate funds, an appropriate final tribute to deceased
veterans and Governors in the absence of federal military funeral
honors or funeral honors provided by veteran organizations.
This Article establishes procedures that ensure this tribute on
behalf of a grateful citizenry to honor deceased veterans
in recognition of their service to the State of Illinois
and to the United States of America. The rendering of
military funeral honors is the ceremonial paying of
respects and final demonstration of gratitude to those who,
in times of war and peace, have faithfully defended
freedom.

(Source: P.A. 92-76, eff. 1-1-02.)

20 ILCS 1805/28.2

(20 ILCS 1805/28.2)

Sec. 28.2.

Administration.

The Adjutant General of
Illinois, as Director of the Department of Military
Affairs, shall administer the Military Funeral Honors
Program.

(Source: P.A. 92-76, eff. 1-1-02.)

20 ILCS 1805/28.3

(20 ILCS 1805/28.3)

Sec. 28.3.

State funeral honors.

The
funeral honors entitlement established by this Article may
be provided to an eligible veteran only
if (i) a request for military funeral honors has been made
on behalf of the deceased veteran to federal
authorities and (ii) military funeral honors are not to be
provided by federal authorities, regardless of the reason.  Governors
are entitled to funeral honors without a federal request.

(Source: P.A. 92-76, eff. 1-1-02.)

20 ILCS 1805/28.4

(20 ILCS 1805/28.4)

Sec. 28.4.

Eligibility.

Only veterans and
Governors are eligible for military funeral honors under
this Article. In this Article, "veteran" means an Illinois
resident who is a veteran as defined in subsection (h) of
Section 1491 of Title 10 of the United States Code.  Governors are
eligible for military funeral
honors because of their service as Commander-in-Chief of
the military forces of the State of Illinois.

(Source: P.A. 92-76, eff. 1-1-02.)

20 ILCS 1805/28.5

(20 ILCS 1805/28.5)

Sec. 28.5.

Waiver authority.

(a) With approval of the Governor, the Adjutant General
may waive the requirement established in Section 28.3 of
this Article if the Adjutant General determines in
writing that it is in the best interests of the State of
Illinois to do so.

(b) Waiver authority under this Section may be
delegated only to the Assistant Adjutant General for
Army or the Assistant Adjutant General for Air.

(Source: P.A. 92-76, eff. 1-1-02.)

20 ILCS 1805/28.6

(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.  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 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; 99-557, eff. 1-1-17.)

20 ILCS 1805/28.7

(20 ILCS 1805/28.7)
Sec. 28.7. Presentation of State flag.

When a member of the Illinois National Guard or any Illinois resident dies while on State Active Duty or while serving in duty or training statuses pursuant to Title 10 or Title 32 of the United States Code as approved by the member's service component, the Adjutant General, the Assistant Adjutant General for Army, the Assistant Adjutant General for Air, or a representative designated by the Adjutant General may present one State flag of Illinois to the next of kin of the deceased who receives the United States burial flag, or that person's designee, as soon as is practicable.

(Source: P.A. 102-387, eff. 1-1-22; 102-1083, eff. 1-1-23.)

20 ILCS 1805/28.8

(20 ILCS 1805/28.8)

Sec. 28.8.

Rules.

The Adjutant General, as Director of
the Department of Military Affairs, must adopt
appropriate rules to implement this program.

(Source: P.A. 92-76, eff. 1-1-02.)

20 ILCS 1805/28.9

(20 ILCS 1805/28.9)

Sec. 28.9. Availability of funds.


Nothing in this
Article establishes any entitlement to military funeral
honors if the Adjutant General determines that Illinois
National Guard or other appropriate personnel are not available to perform those
honors or if adequate appropriated funds are not available
to fund this program.

(Source: P.A. 94-359, eff. 7-1-06.)