Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

EXECUTIVE BRANCH
(20 ILCS 1815/) Illinois State Guard Act.

20 ILCS 1815/Pt. III

 
    (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

    (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

    (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.)