Public Act 099-0557
 
HB5756 EnrolledLRB099 19780 MJP 44178 b

    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
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.)
INDEX
Statutes amended in order of appearance
    20 ILCS 1805/7from Ch. 129, par. 220.07
    20 ILCS 1805/8from Ch. 129, par. 220.08
    20 ILCS 1805/14from Ch. 129, par. 220.14
    20 ILCS 1805/15from Ch. 129, par. 220.15
    20 ILCS 1805/20from Ch. 129, par. 220.20
    20 ILCS 1805/20.5
    20 ILCS 1805/22-10
    20 ILCS 1805/24from Ch. 129, par. 220.24
    20 ILCS 1805/28from Ch. 129, par. 220.28
    20 ILCS 1805/28.6
    20 ILCS 1805/30.10
    20 ILCS 1805/40from Ch. 129, par. 220.40
    20 ILCS 1805/42from Ch. 129, par. 220.42
    20 ILCS 1805/43from Ch. 129, par. 220.43
    20 ILCS 1805/58from Ch. 129, par. 220.58
    20 ILCS 1805/65from Ch. 129, par. 220.65
    20 ILCS 1805/92from 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 60/3from Ch. 126 1/2, par. 31

Effective Date: 1/1/2017