Full Text of HB5756 99th General Assembly
HB5756 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5756 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: |
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Amends the Military Code of Illinois. Provides that there shall be no unlawful discrimination in the Illinois National Guard. Deletes provisions requiring specific military personnel numbers for the Organized Militia. Provides that the personnel strength of the Organized Militia shall instead be in accordance with tables and authorizations provided by the U.S. Army and Air Force and makes related changes. Repeals Sections concerning the appointment of personal aides by the Governor. Removes a reference to the Chief of Staff from a Section concerning the position's creation and makes related changes. Makes changes to provisions concerning the Adjutant General and Assistant Adjutants General. Deletes provisions requiring the Governor to appoint an Assistant Adjutant General as the head of the Division of Family Affairs and makes related changes. Provides that the Division of Family Affairs exists subject to appropriation. Makes changes to a Section concerning funeral honors duties. Provides that an officer's commission may be removed pursuant to the findings and recommendations of a board convened pursuant to federal regulations. Removes a requirement for the Governor to and grants the Adjutant General with discretion to convene a board to review a recommendation that an officer or member is undesirable. Provides the Governor with discretion to require that a bond may be given to an officer accountable for public property. Removes provisions concerning an "Armory Rental Account" and replaces it with the "National Guard Construction Fund". Repeals a Section concerning the powers of commanding officers of encampments or parades. Repeals a Section concerning individuals that interrupt military parades or drills. Makes other changes. Amends the Service Member's Employment Tenure Act. Provides that the definition for "military service" includes the full-time duties of the Adjutant General and Assistant Adjutants General.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Military Code of Illinois is amended by | 5 | | changing Sections 7, 8, 14, 15, 20, 20.5, 22-10, 24, 28, 28.6, | 6 | | 30.10, 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 | 9 | | National Guard. There shall be no racial segregation nor
shall | 10 | | there be any unlawful discrimination in the service of any | 11 | | detachment,
company, regiment, division, department or any | 12 | | other subdivision of the
Illinois National Guard because of | 13 | | race, 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 | 17 | | shall be in accordance with tables and authorizations provided | 18 | | by the U.S. Departments of the Army and the Air Force for the | 19 | | U.S. Army and Air National Guard, respectively. In time of | 20 | | peace the strength of the Organized Militia shall not be
less | 21 | | than 6,000 and not more than 45,000 officers, warrant officers | 22 | | and
enlisted personnel.
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| 1 | | The Governor as Commander-in-Chief shall have power in case | 2 | | of war,
insurrection, invasion or imminent danger thereof, to | 3 | | increase the forces
beyond the 45,000 and organize them as the | 4 | | exigencies 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 | 8 | | active officers of
the Illinois National Guard, The Adjutant | 9 | | General, Chief of Staff, with the
grade of Major General. The | 10 | | appointment of the Adjutant General shall be
for a term | 11 | | expiring on the 3rd Monday in January, 1971, and in each
| 12 | | odd-numbered year thereafter. The Adjutant General shall serve | 13 | | as both the Director of the Department of Military Affairs and | 14 | | as 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 | 19 | | officers
of the Illinois National Guard, a full-time an | 20 | | Assistant Adjutant General for Army
and a full-time an | 21 | | Assistant Adjutant General for Air each with a grade not to | 22 | | exceed Major
General. Each of the Assistant Adjutants General | 23 | | shall be appointed for
a term coinciding with the term provided | 24 | | for the Adjutant General in Section 14, and shall serve with |
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| 1 | | the compensation and responsibilities as designated in this | 2 | | Act. | 3 | | (a-5) (Blank). The Commander-in-Chief shall appoint from | 4 | | the active officers
of the Illinois National Guard an Assistant | 5 | | Adjutant General to serve as head of the Division of Family | 6 | | Affairs within the Department of Military Affairs, with a grade | 7 | | not to exceed Major General. The Assistant Adjutant General | 8 | | shall be appointed for
a term coinciding with the term provided | 9 | | for the Adjutant General in Section 14, and shall serve with | 10 | | the compensation and responsibilities as designated in this | 11 | | Code. | 12 | | (b) The Commander-in-Chief may also appoint additional | 13 | | Assistant Adjutants General for Army and such additional | 14 | | Assistant Adjutants General for Air with the grades not to | 15 | | exceed those authorized for the positions in the Joint Force | 16 | | Headquarters 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 | 20 | | Branch of the
State Government, a principal department which | 21 | | shall be known as the
Department of Military Affairs. The
| 22 | | Department of Military Affairs shall consist of The Adjutant | 23 | | General ,
Chief of Staff ; an
Assistant Adjutant General for | 24 | | Army; an Assistant Adjutant General
for Air; and the number of | 25 | | military and civilian employees required.
It is the channel of |
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| 1 | | communication between the Federal Government and the
State of | 2 | | Illinois on all matters pertaining to the State military | 3 | | forces.
| 4 | | (Source: P.A. 85-1241.)
| 5 | | (20 ILCS 1805/20.5) | 6 | | Sec. 20.5. Division of Family Affairs. Subject to | 7 | | appropriations for this purpose, the The Division of Family | 8 | | Affairs is created as a Division within the Department of | 9 | | Military Affairs. The head of the Division shall serve as an | 10 | | Assistant Adjutant General. The Division shall assist family | 11 | | members of military members who are mobilized or in service | 12 | | abroad. This assistance shall include, but need not be limited | 13 | | to, advocacy to help such family members access all available | 14 | | State services that are provided through the Department or any | 15 | | other 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 | 19 | | Employment Tenure Act. Whenever a member of the Illinois | 20 | | National Guard is called to active military duty pursuant to a | 21 | | declaration of war by the Congress or by the President under | 22 | | the War Powers Act or by the Governor in time of declared | 23 | | emergency or for quelling civil insurrection , the Adjutant | 24 | | General shall ensure that the member is briefed on |
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| 1 | | expeditiously given written notice of the provisions of | 2 | | Sections 4 and 4.5 of the Service Member's Employment Tenure | 3 | | Act.
| 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 | 7 | | correspondence and
the records thereof pertaining to his | 8 | | office, and shall file for record all
returns of troops , and | 9 | | all reports and records of field service , drills and camps of
| 10 | | instruction , and of all active service performed by troops of | 11 | | the 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 | 15 | | public danger or
when an emergency exists. The Adjutant General | 16 | | may purchase or authorize
the purchase of stores and supplies | 17 | | in accordance with the emergency purchase provisions in the | 18 | | Illinois Procurement Code the open market sufficient for the
| 19 | | needs of the emergency then existing without requiring | 20 | | proposals 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
| 2 | | Guard may be ordered to funeral honors duty in accordance
with | 3 | | this Article. That member shall receive an allowance
of $100 | 4 | | for any day on which a minimum of 2 hours of funeral
honors | 5 | | duty is performed. Members of the Illinois National
Guard | 6 | | ordered to funeral honors duty in accordance with
this Article | 7 | | are considered to be in the active service of
the State for all | 8 | | purposes except for pay, and the
provisions of Sections 52, 53, | 9 | | 54, 55, and 56 of the
Military Code of Illinois apply if a | 10 | | member of the
Illinois National Guard is injured or becomes a | 11 | | person with a disability in
the course of those duties.
| 12 | | (b) The Adjutant General may provide support for other
| 13 | | authorized providers who volunteer to participate in a
funeral | 14 | | honors detail conducted on behalf of the Governor.
This support | 15 | | is limited to transportation , reimbursement
for | 16 | | transportation, expenses, materials, and training.
| 17 | | (c) On or after July 1, 2006, if the Adjutant General | 18 | | determines that Illinois
National Guard personnel are not | 19 | | available to perform military funeral
honors in accordance with | 20 | | this Article, the Adjutant General may authorize another | 21 | | appropriate organization to provide one or more of its members | 22 | | to perform those honors and, subject to appropriations for that | 23 | | purpose, shall authorize the payment of a $100 stipend to the | 24 | | organization.
| 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 | 4 | | at 10 U.S.C.
101(c).
| 5 | | "Illinois National Guard" has the definition provided in | 6 | | Sections 5 and 7 of
this Code.
| 7 | | "Federal active duty under Title 10 of the United States | 8 | | Code" means
active federal service of members of the National | 9 | | Guard pursuant to any
provision of Chapter 1209 of Title 10 of | 10 | | the United States Code.
| 11 | | "Training or duty under Title 32 of the United States Code" | 12 | | means active
or inactive National Guard training or duty | 13 | | performed pursuant to Chapter 5 of
Title 32 of the United | 14 | | States Code and pursuant to the orders of the Governor.
| 15 | | "State Active Duty" means National Guard duty performed in | 16 | | the active
service of any state or United States territory or | 17 | | commonwealth in accordance
with that
jurisdiction's laws and | 18 | | pursuant to the orders of the Governor concerned and the | 19 | | full-time duty of the Adjutant General and Assistant Adjutants | 20 | | General as provided in Section 17 of this Code . It
does not | 21 | | refer to active duty performed pursuant to Chapter 5 of Title | 22 | | 32 of
the United States Code and pursuant to the orders of the | 23 | | Governor.
| 24 | | "Political subdivision" means any unit
of local government | 25 | | or 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 | 3 | | officers now in
active service or hereafter appointed, shall | 4 | | hold their respective
commissions until they are vacated by | 5 | | resignation or retirement, or by
acceptance of another | 6 | | commission in the State military service, or
by sentence of a | 7 | | general courts-martial, approved finding of a board of officers
| 8 | | under Section 42, Article VIII, approved finding of a board of | 9 | | officers convened pursuant to federal regulations in which the | 10 | | board recommends withdrawal of federal recognition of the | 11 | | officer's commission, or terminated under Section 43, Article
| 12 | | VIII hereof. Federal recognition with commission in the | 13 | | National Guard of
the United States is established as a | 14 | | requirement for holding commission in
the active National Guard | 15 | | of Illinois; the commission of an officer in the
National Guard | 16 | | of Illinois will be terminated upon failure to obtain or
retain | 17 | | Federal 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 | 21 | | provisions of
the preceding Section and such recommendation is | 22 | | approved by superior
commanders, it shall be within the | 23 | | discretion of the Adjutant General the duty of the | 24 | | Commander-in-Chief to convene a
board of not less than three |
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| 1 | | nor more than five commissioned officers all superior in rank | 2 | | or date of rank to the officer or enlisted member facing | 3 | | investigation , at least one of
whom shall be a medical | 4 | | officer, to examine into the matter of such
recommendation and | 5 | | the desirability and qualifications of the officer or enlisted | 6 | | member who
is the subject thereof, and to report its findings | 7 | | and recommendations to
the Commander-in-Chief through The | 8 | | Adjutant General. If the board finds
such officer to be | 9 | | undesirable and such findings are approved by the
Adjutant | 10 | | General Commander-in-Chief , then the commission of such | 11 | | officer or enlistment of such soldier or airman, in the | 12 | | Organized 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 | 16 | | consecutive unit training assemblies
ordered armory drills or | 17 | | the annual training Field Training period such officer's
| 18 | | commission 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 | 22 | | bond in a suitable
amount, payable to the People of the State | 23 | | of Illinois, shall be given by
an approved surety company for | 24 | | any officer accountable for public property,
for its proper |
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| 1 | | care and use as provided herein or by regulations, and for
its | 2 | | return upon demand of competent authority in good order and | 3 | | condition,
fair wear and tear and unavoidable loss excepted, | 4 | | subject to the
recommendations of a survey, approved by The | 5 | | Adjutant General. Provided,
however, that The Adjutant General | 6 | | with the approval of the Governor, may
obtain an adequate | 7 | | indemnity bond covering all or part of the officers so
| 8 | | accountable or responsible, in which case the officers so | 9 | | covered shall not
be required to furnish individual bonds as | 10 | | hereinbefore provided. The
charges and expenses of all bonds | 11 | | provided for in this Act shall be paid by
the State. Upon the | 12 | | violation of any of the conditions of any bond executed
and | 13 | | delivered under the provisions of this Section, action thereon | 14 | | shall be
brought by the Attorney General on behalf of the | 15 | | State. It shall be the
duty of the Attorney General of the | 16 | | State 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 | 20 | | promulgated by the
Adjutant General, the use and rental of | 21 | | armories may be permitted for any
reasonable and legitimate | 22 | | civilian activities so long as the activities do not
interfere | 23 | | with their use for military purposes. Proceeds received from | 24 | | rentals ,
above the expenses incident to the use, will be placed | 25 | | in the National Guard Construction Fund an "Armory Rental
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| 1 | | Account" by the Adjutant General and used for recruiting, | 2 | | athletic, and
recreational activities and other purposes in the | 3 | | interest and for the benefit
of the personnel of the Illinois | 4 | | National Guard. Expenditures of those
proceeds must be made on | 5 | | a modified per capita basis with due consideration
given to the | 6 | | proportion of each armory's generation of revenue, as | 7 | | determined
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 | 11 | | any board
convened by order of the Commander-in-Chief, under | 12 | | provisions of this act,
shall be confidential and publication | 13 | | of any such findings or
recommendations shall be made only by | 14 | | and through the Commander-in-Chief or the Adjutant General
his | 15 | | Chief of Staff . Any officer or member of such board, who | 16 | | without
authority communicates information pertaining to the | 17 | | proceedings,
recommendations or findings to any person or | 18 | | agency other than as herein
provided shall be punished as a | 19 | | court-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 | 3 | | repealing Sections 12, 13, 30, 97, and 98. | 4 | | Section 15. The Service Member's Employment Tenure Act is | 5 | | amended 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 | 8 | | service", as used
in this Act,
shall include the following | 9 | | persons and no others: All members of the Army
of the United | 10 | | States, the United States Navy, the Marine Corps, the Air
| 11 | | Force,
the Coast
Guard and all members of the State Militia | 12 | | called into the service or
training of the United States of | 13 | | America or of this State. The term
"military service", as
used | 14 | | in this Act, shall signify Federal service or active duty with | 15 | | any
branch of service heretofore referred to as well as | 16 | | training or education
under the supervision of the United | 17 | | States preliminary to induction into
the military service.
The | 18 | | term "military service" also includes any period of active duty | 19 | | with the
State of Illinois pursuant to the orders of the | 20 | | President of the United States or the Governor. The term | 21 | | "military service" also includes any period of active duty by | 22 | | members of the National Guard who are called to active duty | 23 | | pursuant to an order of the Governor of this State or an order | 24 | | of 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 | 2 | | Adjutant General and Assistant Adjutants General under Section | 3 | | 17 of the Military Code of Illinois.
| 4 | | The foregoing definitions shall apply both to voluntary | 5 | | enlistment and
to induction into service by draft or | 6 | | conscription.
| 7 | | The term "political subdivision", as used in this Act, | 8 | | means any unit of
local government or school district.
| 9 | | (Source: P.A. 99-88, eff. 7-21-15.)
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INDEX
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Statutes amended in order of appearance
| | 3 | | 20 ILCS 1805/7 | from Ch. 129, par. 220.07 | | 4 | | 20 ILCS 1805/8 | from Ch. 129, par. 220.08 | | 5 | | 20 ILCS 1805/14 | from Ch. 129, par. 220.14 | | 6 | | 20 ILCS 1805/15 | from Ch. 129, par. 220.15 | | 7 | | 20 ILCS 1805/20 | from Ch. 129, par. 220.20 | | 8 | | 20 ILCS 1805/20.5 | | | 9 | | 20 ILCS 1805/22-10 | | | 10 | | 20 ILCS 1805/24 | from Ch. 129, par. 220.24 | | 11 | | 20 ILCS 1805/28 | from Ch. 129, par. 220.28 | | 12 | | 20 ILCS 1805/28.6 | | | 13 | | 20 ILCS 1805/30.10 | | | 14 | | 20 ILCS 1805/40 | from Ch. 129, par. 220.40 | | 15 | | 20 ILCS 1805/42 | from Ch. 129, par. 220.42 | | 16 | | 20 ILCS 1805/43 | from Ch. 129, par. 220.43 | | 17 | | 20 ILCS 1805/58 | from Ch. 129, par. 220.58 | | 18 | | 20 ILCS 1805/65 | from Ch. 129, par. 220.65 | | 19 | | 20 ILCS 1805/92 | from 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 60/3 | from Ch. 126 1/2, par. 31 |
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