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| [ Introduced ] | [ House Amendment 001 ] |
91_HB4340eng HB4340 Engrossed LRB9111891STsbA 1 AN ACT to amend the Military Code of Illinois by adding 2 Article IV-A. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Military Code of Illinois is amended by 6 adding Article IV-A as follows: 7 (20 ILCS 1805/Art. IV-A heading new) 8 ARTICLE IV-A. MILITARY FUNERAL HONORS 9 (20 ILCS 1805/28.1 new) 10 Sec. 28.1. Purpose. This Article establishes the 11 Illinois Military Funeral Honors Program, which ensures an 12 appropriate final tribute to deceased veterans and former 13 Governors in the absence of federal military funeral honors 14 or funeral honors provided by veteran organizations, subject 15 to appropriation of adequate funds. This Article establishes 16 procedures which ensure this tribute on behalf of a grateful 17 citizenry to honor deceased veterans in recognition of their 18 service to the State of Illinois and to the United States of 19 America. The rendering of military funeral honors is the 20 ceremonial paying of respects and final demonstration of 21 gratitude to those who, in times of war and peace, have 22 faithfully defended freedom. 23 (20 ILCS 1805/28.2 new) 24 Sec. 28.2. Administration. The Adjutant General of 25 Illinois, as Director of the Department of Military Affairs, 26 shall administer the Military Funeral Honors Program. 27 (20 ILCS 1805/28.3 new) 28 Sec. 28.3. Provision of state funeral honors. The HB4340 Engrossed -2- LRB9111891STsbA 1 funeral honors entitlement established by this Article may be 2 provided to an eligible veteran only if (i) a request for 3 military funeral honors has been made on behalf of the 4 deceased veteran to federal authorities and (ii) military 5 funeral honors are not to be provided by federal authorities, 6 regardless of the reason. Former Governors shall be entitled 7 to funeral honors without a federal request. 8 (20 ILCS 1805/28.4 new) 9 Sec. 28.4. Eligibility. Only veterans and former 10 Governors are eligible for military funeral honors under this 11 Article. In this Article, "veteran" means an Illinois 12 resident who is a veteran as defined in subsection (h) of 13 Section 1491 of Title 10 of the United States Code. Former 14 Governors are eligible for military funeral honors because of 15 their service as Commander-in-Chief of the military forces of 16 the State of Illinois. 17 (20 ILCS 1805/28.5 new) 18 Sec. 28.5. Waiver authority. 19 (a) With approval of the Governor, the Adjutant General 20 may waive the requirement established in Section 28.3 of this 21 Article when the Adjutant General determines in writing that 22 it is in the best interests of the State of Illinois to do 23 so. 24 (b) Waiver authority under this Section may only be 25 delegated to the Assistant Adjutant General for Army or 26 Assistant Adjutant General for Air. 27 (20 ILCS 1805/28.6 new) 28 Sec. 28.6. Honors. 29 (a) A funeral honors detail shall, at a minimum, perform 30 at the funeral a ceremony that includes: the folding of a 31 United States flag; its presentation to the appropriate next HB4340 Engrossed -3- LRB9111891STsbA 1 of kin, family member, or representative; and the playing of 2 taps. The funeral honors detail must comprise a minimum of 2 3 uniformed military members and, if available, a bugler. 4 (b) Additional elements of honors and additional 5 uniformed military personnel or other authorized providers 6 may augment the basic honors detail when deemed appropriate. 7 Authorized providers include veterans organizations and other 8 organizations and individuals that support the rendering of 9 funeral honors and who have been trained and approved by the 10 Adjutant General for that purpose. 11 (20 ILCS 1805/28.7 new) 12 Sec. 28.7. Policy. 13 (a) Upon request of the next of kin, authorized 14 representative, or funeral director on behalf of the next of 15 kin of a person eligible for military funeral honors under 16 Section 28.4, the Governor as Commander-in-Chief may, with 17 the consent of the member, order members of the Army National 18 Guard and Air National Guard to funeral honors duty to 19 prepare for and to perform military funeral honors as 20 provided in this Article. For this purpose and upon approval 21 of the Governor, the Adjutant General shall, subject to 22 adequate appropriation, order the appropriate uniformed honor 23 detail, augmented by other authorized providers, as required, 24 to attend and render the appropriate services. 25 (b) A member of the Army National Guard or Air National 26 Guard may be ordered to funeral honors duty in accordance 27 with this Article. That member shall receive an allowance of 28 $50 for any day on which a minimum of 2 hours of funeral 29 honors duty is performed. Members of the Illinois National 30 Guard ordered to funeral honors duty in accordance with this 31 Article shall be considered in the active service of the 32 State for all purposes except for pay, and the provisions of 33 Sections 52, 53, 54, 55, and 56 of the Military Code of HB4340 Engrossed -4- LRB9111891STsbA 1 Illinois shall apply in the case of Illinois National Guard 2 personnel injured or disabled in the course of those duties. 3 (c) The Adjutant General may provide support for other 4 authorized providers who volunteer to participate in a 5 funeral honors detail conducted on behalf of the Governor. 6 This support is limited to transportation, reimbursement for 7 transportation, expenses, materials, and training. 8 (20 ILCS 1805/28.8 new) 9 Sec. 28.8. Rules. The Adjutant General, as Director of 10 the Department of Military Affairs, shall establish 11 appropriate rules to implement this program. 12 (20 ILCS 1805/28.9 new) 13 Sec. 28.9. Availability of funds. Nothing in this 14 Article shall establish any entitlement to military funeral 15 honors if the Adjutant General determines that Illinois 16 National Guard personnel are not available to perform those 17 honors or if adequate appropriated funds are not available to 18 fund this program. 19 Section 99. Effective date. This Act takes effect on 20 January 1, 2001.